Pitkin County Code Updates
Energy Code Changes
On December 6, 2023, the BOCC will review on first reading an Ordinance adopting Energy Code amendments relating to adoption of an energy budget for exterior energy use and compliance with state mandated "electric-ready" provisions. Those amendments are scheduled for 2nd reading and public hearing by the BOCC on January 10th. Click here for a copy of the packet. The BOCC will accept public comment during First Reading on December 6th.
Changes to Final Maximum Floor Area
On November 15th, the Pitkin County Board of County Commissioners adopted Ordinance No. 036-2023 - Land Use Code text amendments to establish a 9,250 square foot County-wide final maximum floor area limit in the unincorporated area of PItkin County, and to create four new Overlay Zone Districts that limit the final maximum floor area within those areas: Brush Creek Master Plan Area (5,750 square foot limit), Emma Master Plan Area (8,250 square foot limit), Valleys of Capitol Creek and Lower Snowmass Creek Master Plan Area Overlay Zone District (5,750 square foot limit), and Basalt Urban Growth Boundary (5,750 square foot limit).
The BOCC concurrently adopted five Ordinances to rezone areas of the County to accompany the text amendments. The public notices for the five zoning ordinances were not properly published in advance of the meeting. Therefore, it is necessary for the BOCC to consider those Ordinances again on first and second reading. First reading is scheduled on December 6, 2023, and second reading and public hearing is scheduled on December 20, 2023. The Ordinances are proposed to go into effect immediately upon adoption. The Ordinances are:
- ORDINANCE REZONING ALL LANDS WITHIN THE BRUSH CREEK MASTER PLAN AREA TO THE BRUSH CREEK MASTER PLAN AREA OVERLAY ZONE DISTRICT (“BC-O”)
- ORDINANCE REZONING ALL LANDS WITHIN THE EMMA MASTER PLAN AREA TO THE EMMA MASTER PLAN AREA OVERLAY ZONE DISTRICT (“E-O”)
- ORDINANCE REZONING ALL LANDS WITHIN THE VALLEYS OF CAPITOL CREEK AND LOWER SNOWMASS CREEK MASTER PLAN AREA TO THE VALLEYS OF CAPITOL CREEK AND LOWER SNOWMASS CREEK MASTER PLAN AREA MASTER PLAN AREA OVERLAY ZONE DISTRICT (“VCLS-O”)
- ORDINANCE REZONING ALL LANDS WITHIN THE UNINCORPORATED AREA OF PITKIN COUNTY WITHIN THE BASALT URBAN GROWTH BOUNDARY TO THE BASALT URBAN GROWTH BOUNDARY OVERLAY ZONE DISTRICT (“BUGB-O”)
- ORDINANCE ADOPTING THE PITKIN COUNTY FINAL MAXIMUM FLOOR AREA ZONING OVERLAY
The area subject to the 9,250 square foot limitation is shown on the map. The map also shows the adopted Overlay Zone Districts and their limitations.
To submit written comments to the BOCC, please use the public comment feature below. Comments submitted by November 28th will be included in the packet to the BOCC for the December 6th meeting. Comments submitted by December 12th will be included in the packet to the BOCC for the December 20th meeting.
The packets will be available to the public on the Friday before the meeting at https://pitkincounty.com/1001/Events-Agendas
FAQs Related to Final Maximum Floor Area:
- A building permit application may only be submitted after 12/20/2023 to develop a residence that exceeds the final maximum floor area set forth in Ordinance No. 036-2023 under the following circumstances:
- The property has a vested land use approval for a Site Specific Development Plan that specifies a floor area exceeding the final maximum floor area set forth in Ordinance No. 036-2023.
- An application to develop a floor area exceeding the final maximum floor area set forth in Ordinance No. 036-2023 was submitted on or before December 20, 2023, and determined by the Community Development Department to be complete.
- A building permit submitted based on the Land Use Code provisions in effect prior to December 20, 2023 may proceed through the permit and construction process and not be affected by the LUC changes, as long as the permit does not expire.
- The remainder of the floor area from an extinguished TDR may not be utilized, if the floor area on the property exceeds 9,250 square feet or the overlay zone district limit.
All questions can be directed to Codeupdates@pitkincounty.com